How can I get out of anon-compete contract?

UPDATED: Sep 30, 2022

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How can I get out of anon-compete contract?

I recently moved to North Carolina, I was given a business proposal to be the sole pet sitter for a large training company. I signed a 1 year contract with a 50 mile radius which is a non-compete contract. They promised me business cards, shirts, and advertising. The only advertising they did was a mass email to all clients stating they now offer pet sitting. Never received business cards or flyers. I signed my contract 4 months ago but have received absolutely no work or jobs or potiental clients. How long does it have to be without pay for this contract to void?

Asked on January 8, 2017 under Business Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If they breached or violated their obligations under the contract, then that breach will let you treat the contract as terminated and escape your obligations (the law does not hold you to your obligations if they are not fulfilling theirs). If they things they have not done (e.g. cards, fliers, shirts, etc.) were in the contract, then their failure to do those things (i.e. to honor the contract) should let you out of the non-compete obligations.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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